Section 90 of the Constitution of Urabba Parks

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Section 90 of the Constitution of Urabba Parks establishes the approved benefit system.

Compiled text (Section 90 - Approval of benefits)

Application to person with control or significant influence

(1)    A person with control or significant influence over Urabba Parks (other than a member of the foundation group of which Urabba Parks is member), or a connected entity of such a person, must return any supply benefit received from any entity within the legislative control group of which Urabba Parks is Head, unless the benefit is an approved benefit or exempt benefit.

Application to members of campus government entities and committees of management

(2)    The place of a member of the governing body of an entity not representing the Management (including a campus government entity or a committee of management of an association) shall become vacant if the member or any connected entity of the member is in receipt of any supply benefit from any entity in the control group of which the campus government entity or association is head, unless the benefit is an approved benefit or exempt benefit.

Table of approved benefits

(3)    The following table sets out approved benefits:

Table of approved benefits
Item Description of benefit Conditions of benefit
1 Allowance payable to a member of a House of the Parliament not higher than a percentage of the allowance payable to senators and members of the House of Representatives under section 48 of the Constitution of the Commonwealth determined by an appropriate remuneration authority The allowance must be paid only in respect of a day the member is entitled (but for this condition) to the allowance falling within 24 months of the issuance of the determination
2 Salary for an office holder who is a Minister or legislative director not higher than a percentage of the amount determined under item 1 by an appropriate remuneration authority The allowance may be paid:
(a) only in respect of a day the member is entitled (but for this condition) to the allowance falling within 24 months of the issuance of the determination made under item 1; and
(b) only from amounts appropriated under a law made upon the recommendation made by a parliamentary body consisting of no fewer than 2 legislative directors, not being in receipt or connected entities of entities in receipt of benefits falling under this item
3 Presentation fees payable to the presenter of a judicial officer
4 Presentation fees payable to the presenter of a visitatorial place not higher than an amount determined by an appropriate remuneration authority
5 Benefit provided to a person holding an office of a jurisdictional division falling within another item in this table, where any reference in such item:
(a) to a member of a House of the Parliament shall be a reference to a member of a deliberative component of the divisional legislature; and
(b) to an officer of the Management in Right of Urabba Parks shall be a reference to an officer of the Management in Right of the jurisdictional division
Where the other item provides the benefit is not higher than that determined by an appropriate remuneration authority, the benefit is not higher than that determined by the authority
6 Allowance payable to a member of a campus government entity not higher than an amount determined by an appropriate remuneration authority The allowance must be paid only in respect of a day the member is entitled (but for this condition) to the allowance falling within 4 years of the issuance of the determination
7 Amount payable under a contract where the consideration payable by entities in the legislative control group of which Urabba Parks is Head does not exceed an amount approved under law During the passage of the law:

(a) on the question of the reading or amendment of the proposed law, a vote is only counted if the legislative director who votes is not:

(i) a person subject to any approval or proposed approval under this item; or
(ii) a connected entity of a person falling in subparagraph (i); and

(b) there must be at least 2 members of each House of the Parliament not vacant in the whole, whose votes may be counted under paragraph (a)

8 Allowance payable to a member of a committee of management of an entity not representing the Management approved by a judicial body The allowance must be paid only in respect of a day the member is entitled (but for this condition) to the allowance falling within 2 years of the issuance of the approval
9 Amount payable under a contract with an entity not representing the Management approved by a judicial body to an entity other than an entity in receipt of benefits falling in item 7, or a connected entity of such an entity

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Urabba Parks Proprietary Limited Constitution Statute 2021 No. 1, 2021 5 Mar 2021 5 Mar 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

230. Subsection (1) provides a person with control or significant influence over Urabba Parks (other than a member of the foundation group of which Urabba Parks is member) must return any supply benefit received from entity within the legislative control group of which Urabba Parks is Head unless the benefit is an approved benefit or exempt benefit.  This is to ensure the not-for-profit nature of Urabba Parks by ensuring persons who hold control or significant influence are subject to the approved benefits regime.

231. Subsection (2) provides for the vacancy of the member of a governing body member (including a campus government entity or the committee of management of an association) if the member or connected entity is in receipt of supply benefits other than an approved benefit or exempt benefit, thus making those persons also subject to the approved benefits regime.

232. Subsection (3) contains the table of approved benefits, which sets out the various types of approved benefits such as:

(A) allowances to members of Houses of the Parliament, the maximum amount set to a percentage of the allowance payable to members of the Houses of Commonwealth Parliament set by an appropriate remuneration authority (item 1);
(B) salaries of Ministers and office holders who are also legislative directors (item 2), set to a percentage of the maximum amount of the amount set under item 1 by an appropriate remuneration authority;
(C) presentation fees payable to presenters of judicial officers (item 3);
(D) presentation fees payable to the presenter of a visitatorial place (item 4);
(E) allowances and office holder salaries of members of legislatures or governmental officers of jurisdictional divisions (item 5);
(F) allowances of members of campus government entities set under law (item 6);
(G) contractual benefits approved by a law made with the approval of two legislative directors, none of whom are subject to approval under this item or connected entities of them (item 7) – this is used to allow for contractual benefits to those with control or significant influence in Urabba Parks for the purposes of subsection (1);
(H) allowances payable to members of committees of management (item 8) – these must be approved by a judicial body;
(I) contracts with entities not representing the Management approved by a judicial body (item 9) – this is to allow members of campus government entities and committees of management of associations to receive supply benefits.

233. In the table, there are numerous references to the term ‘appropriate remuneration authority’ – this is defined in subsection 4(1) as including:

(A) each ecclesial entity and entity not able to distribute profits to non-charitable members that is a presenter of a Commissioner of the Visitatorial Commission – this allows the church and charity organisations that present members to provide for some nominal allowance for Commissioners;
(B) a body consisting of two occupants of independent management places (category I) in the case of a member of a campus government entity – this allows for the oversight of campus government entity remuneration by an independent management officer;
(C) a body consisting of occupants of independent governance places (category W) such as the Visitatorial Commission or another remuneration authority established by the Parliament, or a body within a organisation of non-state jurisdictions – this allows for the review of the remuneration of legislative directors (and other officers where appropriate) by persons independent of both Government and the Parliament.

See also

Notes

Judgments

Further reading

External links